The Canadian Constitution Foundation intervened in a novel case at the Ontario Supreme Court in 2023 about the constitutionality of Canada’s first-past-the-post voting system.
First-past-the-post voting (FPTP) is Canada’s electoral system, inherited from the United Kingdom. Under this system, winning candidates do not need to win a majority, they just need to receive more votes than anyone else. Two organizations – Springtide and Fair Voting BC – are arguing in their constitutional challenge that the FPTP system violates the Charter guaranteed right to vote and the right to equality because citizens do not have equal voting power (votes for a losing candidate are “wasted”). These advocacy groups also argue that FPTP discriminates against women and minorities by contributing to their under representation.
The Canadian Constitution Foundation intervened with the position that the system does not violate the constitution, and indeed, that provisions of the Constitution Act, 1867, established Canada’s FPTP system by creating a system of constituency-based representation for the House of Commons where each electoral district is represented by a single Member of Parliament.
The simple fact is that whether FPTP is politically unfair is not an issue for courts: it is a policy question!
Victory: The Canadian Constitution Foundation was pleased that the Ontario Supreme Court agreed with the CCF’s arguments in a decision that finds the first-past-the-post system of voting is constitutional.
The case is now heading to the Court of Appeal of Ontario, with the CCF once again serving as an intervener.
First-past-the-post electoral system case
CCF Launch: September 25, 2023
Jurisdiction: Ontario
Status: Ongoing
Next Key Date: Nov 5-6, 2024
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